National Heart, Lung, and Blood Institute; Notice of Meeting, 66134-66135 [E9-29677]
Download as PDF
mstockstill on DSKH9S0YB1PROD with NOTICES
66134
Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Notices
I. Background
Section 306(b)(1)(C) of the act (21
U.S.C. 335a(b)(1)(C)) permits FDA to
debar an individual from importing an
article of food or offering such an article
for import into the United States if FDA
finds, as required by section
306(b)(3)(A) of the act (21 U.S.C.
335a(b)(3)(A)), that the individual has
been convicted of a felony under
Federal law for conduct relating to the
importation into the United States of
any food.
On October 29, 2008, Mr. Lam was
convicted in the United States District
Court for the Central District of
California of one count of conspiracy, in
violation of 18 U.S.C. 371, for
conspiring to violate 18 U.S.C. 545
(importation contrary to law) and 21
U.S.C. 331(a) and (c) and 21 U.S.C.
333(a)(2) (felony delivery and receipt of
misbranded food) and of three counts of
violating 18 U.S.C. 545 and 18 U.S.C.
2(b) (trafficking in fish contrary to 18
U.S.C. 541 and 21 U.S.C. 331(a)).
Judgment was entered against Mr. Lam
on May 22, 2009.
FDA’s finding that debarment is
appropriate is based on three felony
convictions for trafficking in illegally
imported merchandise and one felony
conviction for conspiracy. The factual
basis for those convictions is as follows:
From May 2004 until on or about
October 2006, Mr. Lam conspired to
falsely identify, mislabel, and
fraudulently declare certain imports of
frozen fillets of Pangasius
hypophthalmus, commonly referred to
as ‘‘Vietnamese catfish’’ or ‘‘basa,’’ in
order to evade antidumping duties and
to then market them, still falsely
labeled. Mr. Lam sold the imported
frozen Vietnamese catfish fillets in the
United States, mislabeled as other types
of fish, for a lower price than would
have been necessary if the antidumping
duties had been paid. He told
purchasers who had specifically ordered
Vietnamese catfish, and who questioned
the subsequently received boxes of fish
labeled as other species, or invoices
identifying the fish as other species,
that, among other things, the names
used were alternative names for what
the purchasers had ordered, or that the
factory had made an error with the
boxes, but the contents of the box were
in fact the Vietnamese catfish that the
purchasers had ordered. On or about
November 17, 2004, Mr. Lam filled an
order for 800 cases of ‘‘catfish fillet
(Basa)’’ with 800 cases of ‘‘conger pike
fillet,’’ and then represented to the
purchaser that ‘‘conger pike fillet’’ was
the scientific name for basa and that the
product sold to the purchaser was basa.
VerDate Nov<24>2008
17:54 Dec 11, 2009
Jkt 220001
On or about November 7, 2004,
December 7, 2004, February 3, 2005,
and February 27, 2005, in violation of
18 U.S.C. 545 and 18 U.S.C. 2(b), Mr.
Lam made and knowingly submitted to
a customs broker a false record, account,
and label for false identification of fish
with a market value greater than $350.
The documents and labels identified the
fish as ‘‘common carp,’’ ‘‘sole,’’ and
‘‘conger pike,’’ though Mr. Lam knew
the fish was Vietnamese catfish which
had been transported in foreign
commerce and imported with intent to
sell.
FDA sent Mr. Lam by certified mail
on September 11, 2009, a proposal to
debar Mr. Lam for a period of 20 years
from importing an article of food or
offering such an article for import into
the United States. The proposal was
based on a finding under section
306(b)(1)(C) of the act that Mr. Lam was
convicted of four felonies under Federal
law for conduct relating to the
importation into the United States of
any food, and a determination, after
consideration of the factors set forth in
section 306(c)(3) of the act (21 U.S.C.
335a(c)(3)), that the full periods of
debarment shall run consecutively as
provided by section 306(c)(2)(A)(iii) of
the act (21 U.S.C. 335a(c)(2)(A)(iii)). The
proposal also offered Mr. Lam an
opportunity to request a hearing,
providing him 30 days from the date of
receipt of the letter in which to file the
request, and advised him that failure to
request a hearing constituted a waiver of
the opportunity for a hearing and of any
contentions concerning this action. Mr.
Lam did not request a hearing and has,
therefore, waived his opportunity for a
hearing and waived any contentions
concerning his debarment (21 CFR part
12).
II. Findings and Order
Therefore, the Acting Director, Office
of Enforcement, Office of Regulatory
Affairs, under section 306(b)(1)(C) of the
act, and under authority delegated to the
Acting Director (Staff Manual Guide
1410.35), finds that Mr. Peter Xuong
Lam has been convicted of four felonies
under Federal law for conduct relating
to the importation of an article of food
into the United States and that the full
periods of debarment shall run
consecutively under section 306(c)(2) of
the act (21 U.S.C. 335a(c)(2)).
As a result of the foregoing finding,
Mr. Lam is debarred for a period of 20
years from importing articles of food or
offering such articles for import into the
United States, effective (see DATES).
Under section 301(cc) of the act (21
U.S.C. 331(cc)), the importing or
offering for import into the United
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
States of an article of food by, with the
assistance of, or at the direction of Mr.
Lam is a prohibited act.
Any application by Mr. Lam for
termination of debarment under section
306(d)(1) of the act (21 U.S.C.
335a(d)(1)) should be identified with
Docket No. FDA–2009–N–0293 and sent
to the Division of Dockets Management
(see ADDRESSES). All such submissions
are to be filed in four copies. The public
availability of information in these
submissions is governed by 21 CFR
10.20(j).
Publicly available submissions may
be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday.
Dated: November 20, 2009.
Brenda Holman,
Acting Director, Office of Enforcement, Office
of Regulatory Affairs.
[FR Doc. E9–29715 Filed 12–11–09; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Heart, Lung, and Blood
Institute; Notice of Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of a meeting of the
National Heart, Lung, and Blood
Advisory Council.
The meeting will be open to the
public as indicated below, with
attendance limited to space available.
Individuals who plan to attend and
need special assistance, such as sign
language interpretation or other
reasonable accommodations, should
notify the Contact Person listed below
in advance of the meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Heart,
Lung, and Blood Advisory Council.
Date: February 2, 2010.
Open: 8 a.m. to 12 p.m.
Agenda: To discuss program policies
and issues.
E:\FR\FM\14DEN1.SGM
14DEN1
Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Notices
Place: National Institutes of Health,
Building 31, 31 Center Drive,
Conference Room 10, Bethesda, MD
20892.
Closed: 1 p.m. to 5 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health,
Building 31, 31 Center Drive,
Conference Room 10, Bethesda, MD
20892.
Contact Person: Stephen C. Mockrin,
PhD, Director, Division of Extramural
Research Activities, National Heart,
Lung, and Blood Institute, National
Institutes of Health, 6701 Rockledge
Drive, Room 7100, Bethesda, MD 20892,
(301) 435–0260,
mockrins@nhlbi.nih.gov.
Any interested person may file
written comments with the committee
by forwarding the statement to the
Contact Person listed on this notice. The
statement should include the name,
address, telephone number and when
applicable, the business or professional
affiliation of the interested person.
In the interest of security, NIH has
instituted stringent procedures for
entrance onto the NIH campus. All
visitor vehicles, including taxicabs,
hotel, and airport shuttles will be
inspected before being allowed on
campus. Visitors will be asked to show
one form of identification (for example,
a government-issued photo ID, driver’s
license, or passport) and to state the
purpose of their visit.
Information is also available on the
Institute’s/Center’s home page: https://
www.nhlbi.nih.gov/meetings/index.htm,
where an agenda and any additional
information for the meeting will be
posted when available.
mstockstill on DSKH9S0YB1PROD with NOTICES
National Institutes of Health
National Institute on Deafness and
Other Communication Disorders;
Notice of Closed Meetings
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
VerDate Nov<24>2008
17:54 Dec 11, 2009
Jkt 220001
National Institutes of Health
National Institute of Allergy and
Infectious Diseases; Notice of Closed
Meetings
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of the following meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute on
Deafness and Other Communication
Disorders Special Emphasis Panel; R03
Chemical Senses.
Date: January 13, 2010.
Time: 11 a.m. to 2 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, 6120
Executive Blvd., Rockville, MD 20852.
(Telephone Conference Call)
Contact Person: Susan Sullivan, PhD,
Scientific Review Officer, National Institute
of Deafness and Other, Communication
Disorders 6120 Executive Blvd Ste., 400C,
Rockville, MD 20852, 301–496–8683,
sullivas@mail.nih.gov.
Name of Committee: National Institute on
Deafness and Other Communication
Disorders Special Emphasis Panel; R03 VSL.
Date: January 14, 2010.
Time: 12:30 p.m. to 4 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, 6120
Executive Blvd., Rockville, MD 20852.
(Telephone Conference Call)
Contact Person: Shiguang Yang, DVM,
PhD, Scientific Review Officer, Division of
Extramural Activities, NIDCD, NIH, 6120
Executive Blvd., Bethesda, MD 20892, 301–
496–8683.
Name of Committee: National Institute on
Deafness and Other Communication
Disorders Special Emphasis Panel; R03
Hearing and Balance.
Date: January 15, 2010.
Time: 2 p.m. to 5 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, 6120
Executive Blvd., Rockville, MD 20852.
(Telephone Conference Call)
Contact Person: Shiguang Yang, DVM,
PhD, Scientific Review Officer, Division of
Extramural Activities, NIDCD, NIH, 6120
Executive Blvd., Bethesda, MD 20892, 301–
496–8683.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.173, Biological Research
Related to Deafness and Communicative
Disorders, National Institutes of Health, HHS)
Name of Committee: National Institute of
Allergy and Infectious Diseases Special
Emphasis Panel; NIAID Science Education
Awards (R25).
Date: January 5, 2010.
Time: 10:30 a.m. to 1:30 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, 6700B
Rockledge Drive, Bethesda, MD 20817,
(Telephone Conference Call)
Contact Person: Edward W. Schroder, PhD,
Scientific Review Officer, Scientific Review
Program, Division of Extramural Activities,
National Institutes of Health/NIAID, 6700B
Rockledge Drive, MSC 7616, Bethesda, MD
20892, 301–435–8537,
eschroder@niaid.nih.gov.
Name of Committee: Microbiology,
Infectious Diseases and AIDS Initial Review
Group; Microbiology and Infectious Diseases
Research Committee.
Date: February 22–23, 2010.
Time: 8 a.m. to 5 p.m.
Agenda: To review and evaluate grant
applications.
Place: Marriott Courtyard Chevy Chase,
5520 Wisconsin Avenue, Chevy Chase, MD
20815.
Contact Person: Michelle M. Timmerman,
PhD, Scientific Review Officer, Scientific
Review Program, DEA/NIAID/NIH/DHHS,
Room 2217, 6700B Rockledge Drive, MSC–
7616, Bethesda, MD 20892–7616, 301–451–
4573, timmermanm@niaid.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.855, Allergy, Immunology,
and Transplantation Research; 93.856,
Microbiology and Infectious Diseases
Research, National Institutes of Health, HHS)
Dated: December 8, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. E9–29681 Filed 12–11–09; 8:45 am]
BILLING CODE 4140–01–P
Dated: December 8, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. E9–29677 Filed 12–11–09; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Dated: December 8, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. E9–29680 Filed 12–11–09; 8:45 am]
(Catalogue of Federal Domestic Assistance
Program Nos. 93.233, National Center for
Sleep Disorders Research; 93.837, Heart and
Vascular Diseases Research; 93.838, Lung
Diseases Research; 93.839, Blood Diseases
and Resources Research, National Institutes
of Health, HHS)
BILLING CODE 4140–01–P
amended (5 U.S.C. App.), notice is
hereby given of the following meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
66135
BILLING CODE 4140–01–P
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
E:\FR\FM\14DEN1.SGM
14DEN1
Agencies
[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Notices]
[Pages 66134-66135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29677]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
National Heart, Lung, and Blood Institute; Notice of Meeting
Pursuant to section 10(d) of the Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is hereby given of a meeting of the
National Heart, Lung, and Blood Advisory Council.
The meeting will be open to the public as indicated below, with
attendance limited to space available. Individuals who plan to attend
and need special assistance, such as sign language interpretation or
other reasonable accommodations, should notify the Contact Person
listed below in advance of the meeting.
The meeting will be closed to the public in accordance with the
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5
U.S.C., as amended. The grant applications and the discussions could
disclose confidential trade secrets or commercial property such as
patentable material, and personal information concerning individuals
associated with the grant applications, the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy.
Name of Committee: National Heart, Lung, and Blood Advisory
Council.
Date: February 2, 2010.
Open: 8 a.m. to 12 p.m.
Agenda: To discuss program policies and issues.
[[Page 66135]]
Place: National Institutes of Health, Building 31, 31 Center Drive,
Conference Room 10, Bethesda, MD 20892.
Closed: 1 p.m. to 5 p.m.
Agenda: To review and evaluate grant applications.
Place: National Institutes of Health, Building 31, 31 Center Drive,
Conference Room 10, Bethesda, MD 20892.
Contact Person: Stephen C. Mockrin, PhD, Director, Division of
Extramural Research Activities, National Heart, Lung, and Blood
Institute, National Institutes of Health, 6701 Rockledge Drive, Room
7100, Bethesda, MD 20892, (301) 435-0260, mockrins@nhlbi.nih.gov.
Any interested person may file written comments with the committee
by forwarding the statement to the Contact Person listed on this
notice. The statement should include the name, address, telephone
number and when applicable, the business or professional affiliation of
the interested person.
In the interest of security, NIH has instituted stringent
procedures for entrance onto the NIH campus. All visitor vehicles,
including taxicabs, hotel, and airport shuttles will be inspected
before being allowed on campus. Visitors will be asked to show one form
of identification (for example, a government-issued photo ID, driver's
license, or passport) and to state the purpose of their visit.
Information is also available on the Institute's/Center's home
page: https://www.nhlbi.nih.gov/meetings/index.htm, where an agenda and
any additional information for the meeting will be posted when
available.
(Catalogue of Federal Domestic Assistance Program Nos. 93.233,
National Center for Sleep Disorders Research; 93.837, Heart and
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839,
Blood Diseases and Resources Research, National Institutes of
Health, HHS)
Dated: December 8, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-29677 Filed 12-11-09; 8:45 am]
BILLING CODE 4140-01-P