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Federal Register / Vol. 70, No.

49 / Tuesday, March 15, 2005 / Notices 12729

pursuant to subsection (f) of section 823, applications for registration. See, e.g., in apparently random transactions,
these factors are considered in the Direct Wholesale, supra, 69 FR 11,654; occurring whenever it discovers an
disjunctive; the Deputy Administrator ANM Wholesale, 69 FR 11,652 (2004); opportunity to buy low and resell at a
may rely on any one or a combination Extreme Enterprises, Inc., 67 FR 76,195 profit.
of factors and may give each factor the (2002). Mr. Pelt did tell investigators that if
weight she deems appropriate in With regard to factor five, other Titan’s application was granted, he
determining whether a registration factors relevant to and consistent with would try to develop business
should be revoked or an application for the public safety, the Deputy relationships with large chain drug
registration denied. See, e.g., Energy Administrator finds this factor also stores. However, given his company’s
Outlet, 64 FR 14,269 (1999). See also, weighs against granting the application. lack of specific prospective buyers and
Henry J. Schwartz, Jr., M.D., 54 FR Unlawful methamphetamine use is a suppliers, its inability to identify
16,422 (1989). growing public health and safety products, quantities and strengths and
The Deputy Administrator finds concern throughout the United States its aggressive business practices,
factors one, four and five relevant to the and Southeast. Ephedrine and coupled with the absence of effective
pending application for registration. pseudoephedrine are precursor products controls described under factor one
As to factor one, maintenance of needed to manufacture above, the Deputy Administrator views
effective controls against diversion of methamphetamine and operators of the risk of Titan entering the gray
listed chemicals into other than illicit methamphetamine laboratories market as real and significant, once it
legitimate channels, the Deputy regularly acquire the precursor products discovers buyers from that sector
Administrator has previously held that needed to manufacture the drug from willing to purchase listed chemicals at
this factor and 21 CFR 1309 71(b)(8) convenience stores and gas stations prices yielding Titan large profits.
encompass more than mere physical which, in prior DEA decision, have been The Deputy Administrator is also
security of listed chemicals while in identified as constituting the grey concerned with Mr. Pelt’s refusal to
storage or transit. See e.g., Al-Alousi, market for list I chemical products. consider alternative business methods
Inc., 70 FR 3,561 (2005) [inability of While there are no specific prohibitions and his inaccurate representations
applicant to adequately verify location under the Controlled Substances Act regarding the purportedly similar
and identities of prospective customers regarding the sale of listed chemical business practices of two other
considered under factor one]; OTC products to these entitles, DEA has registrants. This suggests that Mr. Pelt
Distribution Company, 68 FR 70,538, nevertheless found these establishments and Titan would either be unwilling or
70,542 (2003); see also Aqui Enterprises, serve as sources for the diversion of unable to successfully fulfill the
supra 67 FR 12,276; Alfred Khalily, Inc., large amounts of listed chemical significant responsibilities of a
64 FR 31,289 (1999). products. See, e.g., ANM Wholesale, registrant.
Titan’s proposed process of supra, 69 FR 11,652; Xtreme
Based on the foregoing, the Deputy
purchasing in-transit shipments of listed Enterprises, Inc., supra, 67 FR 76,195;
Administrator concludes that granting
chemicals and redirecting them to other Sinbad Distributing, 67 FR 10,232
buyers fails to provide adequate the pending application would be
(2002); K.V.M. Enterprises, 67 FR 70,968
protection and safeguards for preventing inconsistent with the public interest.
(2002).
listed chemicals from diversion into The Deputy Administrator has Accordingly, the Deputy
other than legitimate channels. The previously found that many Administrator of the Drug Enforcement
company’s methods would not require it considerations weighed heavily against Administration, pursuant to the
to ever have physical control of the registering a distributor of list I authority vested in her by 21 U.S.C. 823
chemicals, nor would it ensure chemicals because, ‘‘[v]irtually all of the and 824 and 28 CFR 0.100(b) and 0.104,
compilation of adequate inventories or Respondent’s customers, consisting of hereby orders the pending application
complete and accurate records. It also gas station and convenience stores, are for DEA Certificate of Registration,
fails to provide for the consistent and considered part of the grey market, in previously submitted by Titan
accurate verification of identities of the which large amounts of listed chemicals Enterprises, Inc., be, and it is hereby is,
persons and entities which would are diverted to the illicit manufacture of denied. This order is effective April 14,
ultimately be receiving the listed amphetamine and methamphetamine.’’ 2005.
chemicals. Xtreme Enterprises, Inc., supra, 67 FR at Dated: February 14, 2005.
In sum, Titan’s proposed methods run 76,197. Michele M. Leonhart,
counter to the distribution and Because of its proposed methods, Deputy Administrator.
accountability safeguards envisioned Titan could not identify the specific [FR Doc. 05–5070 Filed 3–14–05; 8:45 am]
under the Controlled Substances Act ephedrine and pseudoephedrine
BILLING CODE 4410–09–M
and its implementing regulations and products it intended to distribute or
fail to provide effective controls against their quantities and strengths. It also
diversion of listed chemicals. could not identify any specific DEPARTMENT OF JUSTICE
Accordingly, factor one weighs against customers or suppliers. While Titan did
granting the pending application. not state whether or not it would enter Drug Enforcement Administration
With regard to factor four, the the gray market, it is reasonable to infer
applicant’s past experience in the its business practices would invite [Docket No. 03–24]
distribution of chemicals, the Deputy eventual participation in that sector. TNT Distributors, Inc., Denial of
Administrator finds this factor relevant The company intends to search Application
based on the applicant’s lack of nationwide for bulk quantities of
knowledge and experience regarding the chemicals becoming available for sale On March 31, 2003, the Deputy
laws and regulations governing while in-shipment. It would buy them at Assistant Administrator, Office of
handling of list I chemical products. In a discount and redirect them to new Diversion Control, Drug Enforcement
prior DEA decisions, this lack of purchasers, ideally without ever Administration (DEA), issued an Order
experience in handling list I chemical exercising physical possession of the to Show Cause to TNT Distributors, Inc.,
has been a factor in denying pending product. Titan would thus be engaging (Respondent/TNT) proposing to deny its

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12730 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices

application for a DEA Certificate of distributed in single entity and initially testified that list I chemicals
Registration as a distributors of list I combination forms as decongestants and would account for about 15 to 20
chemicals. The Order to Show Cause bronchodilators, respectively. Both are percent of TNT’s total sales. On cross-
alleged in substance that granting used as precursor chemicals in the illicit examination she later conceded that
Respondent’s application to distribute manufacture of methamphetamine and ‘‘was just a number I threw out here.’’
list I chemicals to what DEA has amphetamine. As testified to by In November/December 2002, DEA
identified as the ‘‘gray market,’’ would government witnesses at the hearing investigators conducted a
be inconsistent with the public interest, and as addressed in previous DEA final preregistration investigation of
as that term is used in 21 U.S.C. 823(h) orders, methamphetamine is an Respondent’s proposed registered
and 824(a). extremely potent central nervous system location, her residence, which was
Respondent, through counsel, stimulant and its abuse is a persistent located in a rural area. The agent
requested a hearing on the issues raised and growing problem in the United conducting the investigation testified
by the Order to Show Cause and the States. See e.g., Direct Wholesale, 69 FR Ms. Blackard did not know at the time
matter was docketed before 11,654 (2004); Branex, Inc., 69 FR 8,682 that list I chemical products could be
Administrative Law Judge Mary Ellen (2004); Yemen Wholesale Tobacco and used to manufacture methamphetamine
Bittner. Following prehearing Candy Supply, Inc., 67 FR 9,997 (2002); and she thought Mini-Thins, an
procedures, a hearing was held in Denver Wholesale, 67 FR 99,986 (2002). ephedrine 25 mg, combination product
Nashville, Tennessee on April 20, 2004. A Special Agent from DEA’s which she desired to distribute, were
At the hearing, both parties called Chattanooga, Tennessee Resident Office used for ‘‘dietary reasons.’’ She told the
witnesses to testify and introduced testified regarding the rapid agent that she had no experience with
documentary evidence. Subsequently, proliferation of clandestine listed chemicals but did have
both parties field Proposed Findings of methamphetamine laboratories in experience maintaining controlled
Fact, Conclusions of Law, and Tennessee and its adjoining states and substance records. Ms. Blackard
Argument. described prevalent methods of local provided investigators a list of about 20
On December 3, 2004, Judge Bittner production. He estimated that 80 to 90 proposed customers, most of which
issued her Opinion and Recommended percent of ephedrine and were area convenience stores.
Ruling, Findings of Fact, Conclusions of pseudoephedrine being used locally to The agent who conducted the
Law, and Decision of the Administrative manufacture methamphetamine was preregistration investigation testified
Law Judge (Opinion and Recommended being obtained from convenience stores Ms. Blackard appeared reasonable and
Ruling), recommending that and described the multiple health receptive to the information he provided
Respondent’s application for a hazards and social costs stemming from regarding the dangers of diversion and
Certificate of Registration as a the production and abuse of responsibilities of a registrant. He also
distributor of listed chemical products methamphetamine. He characterized the acknowledged that her proposed storage
be denied. Neither party filed local methamphetamine addiction arrangement complied with DEA
exceptions to the Opinion and problem as ‘‘epidemic.’’ regulations.
Recommended Ruling and on January In the Special Agent’s opinion, the At the hearing, Ms. Blackard testified
11, 2005, Judge Bittner transmitted the bulk of pseudoephedrine and ephedrine she was willing to comply with DEA
record of these proceedings to the products distributed through local requirements and that her
Deputy Administrator. conveniences stores were being recordkeeping practices would be more
The Deputy Administrator has obtained for illicit purposes. While stringent than required by regulations.
considered the record in its entirety and listed chemicals were also available She testified TNT would maintain a
pursuant to 21 CFR 1316.67, hereby from local chain drug and discount small customer base of around 100
issues her final order based upon stores, in his opinion, when stores, that she would closely monitor
findings of fact and conclusions of law manufacturers obtained precursor sales and stop selling to any suspicious
hereinafter set forth. The Deputy products from those establishments, it customers. She would also take action
Administrator adopts, in full, the was usually done by shoplifting. to enhance the security of products
Opinion and Recommended Ruling of Ms. Blackard has worked in a North stored at her residence. While she
the Administrative Law Judge. Her Carolina veterinary practice for 14 years, originally listed Mini Thins among her
adoption is in no manner diminished by where she was responsible for ordering, intended products, at the hearing Ms.
any recitation of facts, issues and recordkeeping, disposal and Blackard indicated that if registration
conclusions herein, or any failure to inventorying controlled substances was approved, she would not carry that
mention a matter of fact or law. commonly used by veterinarians. She item and limit TNT’s line to such name
On September 11, 2002, Respondent, then moved to Tennessee and filed brands as Advil Cold and Sinus and
a Tennessee corporation solely owned incorporation papers for TNT, which Nyquil.
by Ms. Mary Blackard, submitted an began selling merchandise to A Supervisory Diversion Investigator
application for DEA Certificate of independent convenience stores. As of from DEA’s Nashville office testified
Registration as a distributor of list I the date of the DEA hearing, TNT had that diversion was a major problem in
chemicals, seeking authority to 66 customers, about 20 of which were Tennessee and DEA had ordered
distribute pseudoephedrine, ephedrine in the metropolitan Nashville area. It immediate suspensions of several
and phenylpropanolamine. Later, primarily sold and distributed tobacco wholesalers who were selling gray
Respondent withdrew it request to products, some over-the-counter market products to area convenience
distribute phenylpropanolamine. medications, toys, air fresheners and stores and gas stations. He observed that
List I chemicals are those that may be novelty items. once a distributor becomes registered to
used in the manufacture of a controlled Ms. Blackard testified she decided to handle list I chemicals, it can order
substance in violation of the Controlled apply for a DEA registration because her whatever chemicals are included in its
Substances Act. 21 U.S.C. 802(34); 21 customers wanted listed chemicals and registration, including gray market
CFR 1310.02(a). Pseudoephedrine and she believed her company could not products. In the supervisory
ephedrine are list I chemicals which are compete successfully without offering investigator’s opinion, once registered,
legitimately manufactured and that product line. At the hearing she Respondent would likely seek to

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Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices 12731

increase its customer base and, (1) Maintenance of effective controls considered part of the gray market, in
considering the methamphetamine against diversion of listed chemicals which large amounts of listed chemicals
problem in Tennessee, ‘‘we don’t need into other than legitimate channels; are diverted to the illicit manufacture of
any more people handling these (2) Compliance with applicable amphetamine and methamphetamine.’’
products.’’ Federal, State, and local law; Xtreme Enterprises, Inc., supra, 67 FR at
(3) Any prior conviction record under 76,197. Based on that case, Judge Bittner
By declaration, the Government
Federal or State laws relating to concluded that factors one (maintenance
introduced evidence regarding
controlled substances or to chemicals of controls against diversion) and five
pseudoephedrine sale and the
controlled under Federal or State law; (other factors relevant to and consistent
convenience store market from Mr. (4) Any past experience in the
Jonathan Robbin, a consultant in with public health and safety), weighed
manufacture and distribution of against granting Respondent’s
marketing information systems and chemicals; and
databases, who is an expert in statistical application.
(5) Such other factors as are relevant Judge Bittner also concluded
analysis and quantitative marketing to and consistent with the public health Respondent had complied with
research. and safety. applicable Federal, State and local law
Using the 1997 United States As with the public interest analysis and had never been convicted of a crime
Economic Census of Retail Trade, Mr. for practitioners and pharmacies relating to controlled substances or
Robbin tabulated data indicating that pursuant to subsection (f) of section 823, listed chemicals, thus finding that
over 97% of all sales of non-prescription these factors are to be considered in the factors two and three weighed in favor
drug products, including non- disjunctive; the Deputy Administrator of registration. With regard to factor
prescription cough, cold and nasal may rely on any one or combination of four, the applicant’s past experience in
congestion remedies, occur in drug factors, and may give each factor the distributing listed chemicals, Judge
stores and pharmacies, supermarkets, weight she deems appropriate in Bittner found Ms. Blackard had no
large discount merchandisers, mail- determining whether a registration previous experience distributing list I
order houses and through electronic should be revoked or an application for chemicals. However, her prior
shopping. He characterized these five registration denied. See, e.g., Direct experience in handling and maintaining
retail industries as the traditional Whole, 69 FR 11,654; Energy Outlet, 64 records of controlled substances
marketplace where such goods are FR 14,269 (1999); Henry J. Schwartz, Jr., rendered that factor essentially neutral.
purchased by ordinary customers. M.D., 54 FR 16,422 (1989). The Deputy Administrator agrees with
As to factor one, maintenance by the these conclusions.
Analyzing national sales data specific
applicant of effective controls against Judge Bittner summarized that, ‘‘in
to over-the-counter, non-prescription
diversion, the Deputy Administrator light of the decision in Xtreme
drugs contain pseudoephedrine, Mr.
agrees with Judge Bittner that TNT’s Enterprises, Inc., supra, which I regard
Robbin’s research and analysis showed
proposed physical security as controlling, I conclude that I have no
that a very small percentage of the sales
arrangements were adequate and that choice but to recommend against
of such goods occur in convenience
Ms. Blackard had the ability and granting Respondent’s application.’’
stores—only about 2.6% of the HABC
willingness to maintain accurate records However, she went on to state that if the
[Health and Beauty Care] category of
of the handling of listed chemicals. Deputy Administrator were to decide
merchandise or 0.05% of total in-store
Judge Bittner also found Ms. Blackard to Xtreme Enterprises was not controlling,
(non-gasoline) sales. He determined that
be a credible witness and believed her she would recommend that
the normal expected retail sails of
explanation that she sought registration Respondent’s application be granted,
pseudoephedrine tablets in a
because other distributors holding with restrictions as to the quantities of
convenience store would range between
registrations had a competitive ephedrine and pseudoephedrine it
$10.00 and $30.00 per month, with an
advantage over her company and that could purchase and sell. The Deputy
average monthly sales figure of about
Ms. Blackard knew her customers and Administrator declines this invitation to
$20.00 and that sales of more than
would not handle products DEA told deviate from sound agency precedent.
$100.00 in a month would be expected Unlawful methamphetamine
her to avoid.
to occur in a random sampling about However, Judge Bittner acknowledged production and use is a growing public
once in one million to the tenth power, existence of a previously published DEA health and safety concern throughout
a number he characterized as nearly final order denying registration to an the United States and specifically in the
equivalent to the number of atoms in the applicant much like Respondent. Judge State of Tennessee. Pseudoephedrine
universe. He further stated that the Bittner concluded that she was and ephedrine are the precursor
current convenience store gross margin restrained by that precedent, Xtreme products used to manufacture
in the health and beauty care category Enterprises, Inc., 67 FR 76,195 (2002). methamphetamine and operators of
is about 40 percent, so that such a store See also Shop It for Profit, 69 FR 1,311 illicit laboratories in Tennessee
would be expected to spend an average (2003); William E. ‘‘Bill’’ Smith d/b/a B predominantly acquire their precursor
of $12.00 per month acquiring its & B Wholesale, 69 FR 22,559 (2004); chemicals from Respondent’s intended
inventory of pseudoephedrine products Shani Distributors, 68 FR 62,324 (2003) customer base. While Ms. Blackard
from a distributor. and Branex Incorporated, 69 FR 8,682 demonstrated sincerity and intent to
Pursuant to 21 U.S.C. 823(h), the (2004). Specifically, Judge Bittner found avoid contributing to this scourge, the
Deputy Administrator may deny an Xtreme Enterprises ‘‘virtually risks of diversion once listed chemicals
application for a Certificate of indistinguishable’’ from the instant case. leave her control and enter the gray
Registration if she determines that In Xtreme Enterprises, the Deputy market are real, substantial and
granting the registration would be Administrator found many compelling.
inconsistent with the public interest as considerations weighed heavily against The Deputy Administrator therefore
determined under that section. Section registering a distributor of list I concludes Judge Bittner correctly
823(h) requires the following factors be chemicals because, ‘‘[v]irtually all of the applied DEA precedent. As in Xtreme
considered in determining the public Respondent’s customers, consisting of Enterprises, Inc., Ms. Blackard’s lack of
interest: gas station and convenience stores, are a criminal record, her previous

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12732 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices

compliance with the law and expressed and was received on August 2, 2004. Denison, Texas. The location requested
willingness to comply with regulations According to the investigative file, DEA by OLW as a DEA-registered premise
and attempt to guard against diversion received a letter from Tysa Osmani (Mr. was a former gas station establishment.
are far outweighed by her intent to sell Osmani) dated August 20, 2004, waiving DEA’s investigation revealed that in
ephedrine and pseudoephedrine almost the applicant’s right to a hearing and addition to its proposed registered
exclusively, in the gray market. requesting that the firm be issued a location, Mr. Osmani owns the
This reasoning has been consistently registration to distribute ephedrine. following Denison-area convenience
applied by the Deputy Administrator in Accordingly, the Deputy stores. Lucky Liquor & Discount
a series of recently published final Administrator finds that OLW has Tobacco; Lucky Stop #2; and, Lucky
orders denying registration to potential waived its hearing right. See, Aqui Stop #4. Mr. Osmani is also the owner
gray market distributors. See, Volusia Enterprises, 67 Fed. Reg. 12567 (2002). of two Lucky Stop convenience stores
Wholesale, 69 FR 69,409 (2004); CWK After considering relevant material from located in Cartwright and Durant,
Enterprises, Inc., 69 FR 69,400 (2004); J the investigative file in this matter, the Oklahoma. DEA’s investigation revealed
& S Distributors, 69 FR 62,089 (2004); Deputy Administrator now enters her that as of January 2004, Cartwirght,
Express Wholesale, supra, 69 FR 62,086; final order without a hearing pursuant Oklahoma had an estimated population
Absolute Distributing, Inc., 69 FR to 21 CFR 1309.53(b) and (d). The of 13,549. Each of Mr. Osmani’s stores
62,078 (2004); Value Wholesale, 69 FR Deputy Administrator finds as follows: sell typical convenience store items
58,548 (2004); John E. McRae d/b/a J & List I chemicals are those that may be including tobacco products, candy,
H Wholesale, 69 FR 51,480 (2004). used in the manufacture of a controlled automobile maintenance products and
Based on the foregoing, the Deputy substance in violation of the Controlled T-shirts.
Administrator concludes that granting Substances Act. 21 U.S.C. 802(34); 21 Mr. Owmani informed DEA
Respondent’s pending application CFR 1310.02(a). As noted in previous investigators that he would operate as a
would be inconsistent with the public DEA final orders, Pseudoephedrine and wholesale distributor to his five
interest. ephedrine are list I chemicals convenience stores, which he identified
Accordingly, the Deputy commonly used to illegally manufacture as his only customers. He further
Administrator of the Drug Enforcement methamphetamine, a Schedule II
discussed plans to distribute certain
Administration, pursuant to the controlled substance .
listed chemical products, including
authority vested in her by 21 U.S.C. 823 Methamphetamine is an extremely
Mini-Thin ephedrine tablets in six-
and 28 CFR 0.100(b) and 0.104, hereby potent central nervous system stimulant
count packets and 60-count bottles, as
orders that the pending application for and its illicit manufacture and abuse are
well as Max Brand pseudoephedrine
a DEA Certificate of Registration, ongoing public health concerns in the
products, also in six-count packets and
previously submitted by TNT United States. See e.g., Direct
60-count bottles. Mr. Osmani estimated
Distributors, Inc., be, and it hereby is, Wholesale, 67 FR 11, 654 (2004); Yemen
that these products would make up five
denied. This order is effective April 14, Wholesale Tobacco and Candy Supply,
to fifteen percent of OLW’s total sales.
2005. Inc., 67 FR 9,997 (2002); Denver
Wholesale, 67 FR 99,986 (2002). Mr. Osmani further informed DEA
Dated: February 14, 2005. On April 6, 2004, the State of investigators that OLW did not own any
Michele M. Leonhart, Oklahoma enacted House Bill 2176. deliver trucks and employees from the
Deputy Administrator. Among its provisions, the newly two Oklahoma convenience stores
[FR Doc. 05–5069 Filed 3–14–05; 8:45 am] enacted legislation has designated would drive to OLW’s Denison location
BILLING CODE 4410–09–M pseudoephedrine tables as a Schedule V to pick up list I chemical products for
controlled substance under Oklahoma delivery to the Oklahoma business
law. This provision further mandates establishment.
DEPARTMENT OF JUSTICE that pseudoephedrine tablets sold only According to the investigative file, as
from licensed pharmacies and requires of July 1, 2003, distributors of
Drug Enforcement Administration customers seeking to purchase this pseudoephedrine products conducting
product to present photo identifications business in Oklahoma were required to
Tysa Management, d/b/a Osmani Lucky obtain a registration with the Director of
Wholesale; Denial of Application and sign for their purchases. As a result,
it is presently prohibited under the Oklahoma Bureau of Narcotics and
On July 23, 2004, the Deputy Oklahoma law for persons to sell Dangerous Drugs Control (the Bureau).
Assistant Administrator, Office of pseudoephedrine tables from 63 O.S. 2001, Section 2–302. DEA’s
Diversion Control, Drug Enforcement convenience stores or other non- investigation has revealed that as of
Administration (DEA), issued an Order pharmacy locations. January 7, 2004, neither Mr. Osmani nor
to Show Cause to Mr. Ty Osmani, The Deputy Administrator’s review of OLW were registered with the Bureau to
President, Tysa Management, d.b.a. the investigative file reveals that on handle pseudoephedrine.
Osmani Lucky Wholesale (hereinafter October 15, 2003, Mr. Osmani submitted During the aforementioned onsite
referred to as ‘‘OLW’’) proposing to an application for DEA Registration on inspection by DEA, Mr. Osmani also
deny its application executed on behalf of OLW. OLW sought DEA informed investigators that his suppliers
October 15, 2003, for DEA Certificate of registration as a distributor of the list I for listed chemicals were Silver Star and
Registration as a distributor of list I chemicals ephedrine and Import Warehouse, Incorporated, both
chemicals. The Order to Show Cause pseudoephedrine. OLW is a Limited of Dallas, Texas. However, when DEA
alleged that granting the application of Liability Corporation which became investigators conducted verification
OLW would be inconsistent with the incorporated in Texas on October 23, checks with OLW’s proposed suppliers
public interest as that term is used in 21 2003, and Mr. Osmani and his wife are on November 17, 2003, the owner of
U.S.C. 823(h). the company’s only employees. Import Warehouse stated that he would
According to the DEA investigative On November 13, 2003, DEA not be supplying listed chemicals
file, the Order to Show Cause was sent diversion investigators conducted an products to OLW; and, the owner of
by certified mail to OLW at its proposed on-site preregistration inspection at Silver Star informed DEA personnel that
registered location in Denison, Texas OLW’s proposed registered location in he had planned to supply only

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