Labor Advisory Committee for Trade Negotiations and Trade Policy, 71378-71379 [2011-29719]

Download as PDF 71378 Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices jlentini on DSK4TPTVN1PROD with NOTICES terms, including that he undergo a psychiatric evaluation and submit reports from his psychiatrist to the Board every two months. However, on June 8, 2006, the Board found that Respondent had ‘‘obtained and diverted to his own use Nalbuphine,’’ and thus violated both Arkansas law and his rehabilitation and monitoring contract. Contrary to the allegations of the Show Cause Order, Nalbuphine is not a federally controlled substance. See 21 CFR Pt. 1308. The record nonetheless establishes that Respondent issued fraudulent prescriptions for hydrocodone, which he then diverted, and that he has abused both hydrocodone and propoxyphene. See 21 U.S.C. 843(a)(3); see also id. 844(a) (‘‘It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter * * * .’’). In addition to these violations, which are properly considered under Factors Two and Four, DEA has also long held that a practitioner’s self-abuse of a controlled substance can be considered under Factor Five even if there is no evidence that the practitioner abused his prescription-writing authority or otherwise engaged in an unlawful distribution to others. See Tony T. Bui, M.D., 75 FR 49979, 49989–90 (2010) (collecting cases); see also David E. Trawick, 53 FR 5326, 5327 (1988). Accordingly, I conclude that the Government has established a prima facie case to deny Respondent’s application. Where, as here, ‘‘the Government has proved that a registrant has committed acts inconsistent with the public interest, a registrant must ‘present sufficient mitigating evidence to assure the Administrator that [he] can be entrusted with the responsibility carried by such a registration.’ ’’ 4 Medicine Shoppe-Jonesborough, 73 FR 364, 387 (2008) (quoting Samuel S. Jackson, 72 FR 23848, 23853 (2007) (quoting Leo R. Miller, 53 FR 21931, 21932 (1988))), aff’d, Medicine Shoppe-Jonesborough v. DEA, 300 Fed. Appx. 409 (6th Cir. 4 This Agency has repeatedly held that a proceeding under section 303 ‘‘is a remedial measure, based upon the public interest and the necessity to protect the public from those individuals who have misused * * * their DEA Certificate of Registration, and who have not presented sufficient mitigating evidence to assure the Administrator that they can be entrusted with the responsibility carried by such a registration.’’ Jackson, 72 FR at 23853 (quoting Miller, 53 FR at 21932). VerDate Mar<15>2010 17:25 Nov 16, 2011 Jkt 226001 2008). ‘‘Moreover, because ‘past performance is the best predictor of future performance,’ ALRA Labs, Inc. v. DEA, 54 F.3d 450, 452 (7th Cir. 1995), [DEA] has repeatedly held that where a registrant has committed acts inconsistent with the public interest, the registrant must accept responsibility for [his] actions and demonstrate that [he] will not engage in future misconduct.’’ Medicine Shoppe, 73 FR at 387; accord Jackson, 72 FR at 23853; John H. Kennedy, 71 FR 35705, 35709 (2006); Prince George Daniels, 60 FR 62884, 62887 (1995). See also Hoxie v. DEA, 419 F.3d at 483 (‘‘admitting fault’’ is ‘‘properly consider[ed]’’ by DEA to be an ‘‘important factor[ ]’’ in the public interest determination). In his statement of position, Respondent acknowledged that the allegations set forth in the Show Cause Order were ‘‘factual’’ and that the Agency had ‘‘rightfully accepted the surrender of’’ his DEA registration. Respondent further explained that ‘‘[t]he fact that the prescriptions were obtained fraudulently understandably creates the issue of self treatment and misuse of the privilege of a DEA license and [that his conduct] could be construed as * * * being a threat to the public welfare.’’ Respondent also wrote that he now recognizes that holding a DEA registration is ‘‘a privilege’’ which he did not previously ‘‘appreciate or protect as I should have.’’ I conclude that Respondent’s statement is sufficient, even though it is unsworn, to establish that he accepts responsibility for his misconduct. However, as explained above, to successfully rebut the Government’s prima facie case, Respondent must also present sufficient evidence to establish that he will not repeat his prior misconduct. While Respondent explained that he has ‘‘other accountability factors in [his] life,’’ which he did not have at the time he was self-abusing controlled substances, such as his attendance at 12-step and Caduceus meetings, as well as monitoring by the Arkansas Medical Foundation and Arkansas State Medical Board; that he has ‘‘documented sobriety’’ since September 2006; and that he has ‘‘the strong support of’’ his family and friends; he did not produce any evidence to corroborate any of these statements. More specifically, he did not produce the testimony or reports of those professionals who have evaluated and treated him, as well as of those persons who have sponsored him at various recovery meetings. In addition, there is no evidence establishing the extent to which he has been subject to random drug testing and the results of PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 such tests. See Steven M. Abbadessa, 74 FR 10077, 10079–80 (2009) (discussing evidence sufficient to support practitioner’s claim of rehabilitation).5 I therefore conclude that Respondent has not rebutted the Government’s prima facie case. Accordingly, I will deny Respondent’s application. Order Pursuant to the authority vested in me by 21 U.S.C. 823(f), as well as 28 CFR 0.100(b) & 0.104, I order that the application of Scott D. Fedosky, M.D., for a DEA Certificate of Registration as a practitioner be, and it hereby is, denied. This order is effective December 19, 2011. Dated: November 8, 2011. Michele M. Leonhart, Administrator. [FR Doc. 2011–29722 Filed 11–16–11; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF LABOR Office of the Secretary Labor Advisory Committee for Trade Negotiations and Trade Policy ACTION: Meeting notice. Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92–463, as amended), notice is hereby given of a meeting of the Labor Advisory Committee for Trade Negotiation and Trade Policy. Date, Time, Place: November 30, 2011; 2–4:30 p.m.; U.S. Department of Labor, Secretary’s Conference Room, 200 Constitution Ave. NW., Washington, DC. Purpose: The meeting will include a review and discussion of current issues which influence U.S. trade policy. Potential U.S. negotiating objectives and bargaining positions in current and anticipated trade negotiations will be discussed. Pursuant to 19 U.S.C. 2155(f) it has been determined that the meeting will be concerned with matters the disclosure of which would seriously compromise the Government’s negotiating objectives or bargaining positions. Accordingly, the meeting will be closed to the public. FOR FURTHER INFORMATION CONTACT: Gregory Schoepfle, Director, Office of Trade and Labor Affairs; Phone: (202) 693–4887. SUMMARY: 5 While I have also considered J.B.B.’s letter, it offers no factual support for Respondent’s claim that he is rehabilitated. Instead, it offers only his personal opinion that Respondent’s has ‘‘adequately addressed his personal problem fully.’’ E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices Signed at Washington, DC the 10th day of November 2011. Sandra Polaski, Deputy Undersecretary, International Affairs. Harriette Person Memorial Library, 606 Main St., Port Gibson, MS 39150. BILLING CODE 4510–28–P NUCLEAR REGULATORY COMMISSION Dated at Rockville, Maryland this 9th day of November, 2011. For the Nuclear Regulatory Commission. Melanie A. Galloway, Acting Director, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. 2011–29717 Filed 11–16–11; 8:45 am] [FR Doc. 2011–29719 Filed 11–16–11; 8:45 am] BILLING CODE 7590–01–P [NRC–2011–0262] jlentini on DSK4TPTVN1PROD with NOTICES Entergy Operations, Inc.; Notice of Receipt and Availability of Application for Renewal of Grand Gulf Nuclear Station, Unit 1; Facility Operating License No. NPF–29 for an Additional 20-Year Period The U.S. Nuclear Regulatory Commission (NRC or Commission) has received an application, dated October 28, 2011, from Entergy Operations, Inc., filed pursuant to Section 103 of the Atomic Energy Act of 1954, as amended, and in Title 10 of the Code of Federal Regulations (10 CFR) part 54, to renew the operating license for Grand Gulf Nuclear Station, Unit 1 (GGNS). Renewal of the license would authorize the applicant to operate the facility for an additional 20-year period beyond the period specified in the current operating license. The current operating license for GGNS (NPF–29) expires on November 1, 2024. GGNS is a boiling water reactor designed by General Electric. The acceptability of the tendered application for docketing, and other matters including an opportunity to request a hearing, will be the subject of subsequent Federal Register notices. Copies of the application are available to the public at the NRC’s Public Document Room (PDR), located at One White Flint North, Room O1–F21, 11555 Rockville Pike, Rockville, Maryland 20852 or through the NRC’s Agencywide Documents Access and Management System (ADAMS) Accession Number ML113080132. Publicly available documents created or received at the NRC are available online in the NRC Library at https:// www.nrc.gov/reading-rm/adams.html. In addition, the application is available at https://www.nrc.gov/reactors/ operating/licensing/renewal/ applications.html. Persons who do not have access to the Internet or who encounter problems in accessing the documents located in ADAMS should contact the NRC’s PDR reference staff at 1-(800) 397–4209 or at (301) 415–4737, or by email to pdr@nrc.gov. A copy of the license renewal application for GGNS is also available to local residents near the site at the VerDate Mar<15>2010 17:25 Nov 16, 2011 Jkt 226001 NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–250 and 50–251; NRC– 2011–0259] Florida Power & Light Company, Turkey Point, Units 3 and 4; Draft Environmental Assessment and Draft Finding of No Significant Impact Related to the Proposed License Amendment To Increase the Maximum Reactor Power Level Nuclear Regulatory Commission. ACTION: Draft environmental assessment and finding of no significant impact; opportunity to comment. AGENCY: Comments must be filed by December 19, 2011. Any potential party as defined in Title 10 of the Code of Federal Regulations (10 CFR) 2.4 who believes access to Sensitive Unclassified Non-Safeguards Information and/or Safeguards Information is necessary to respond to this notice must request document access by November 28, 2011. ADDRESSES: Please include Docket ID NRC–2011–0259 in the subject line of your comments. For additional instructions on submitting comments and instructions on accessing documents related to this action, see ‘‘Submitting Comments and Accessing Information’’ in the SUPPLEMENTARY INFORMATION section of this document. You may submit comments by any one of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC–2011–0259. Address questions about NRC dockets to Carol Gallagher, telephone: (301) 492–3668; email: Carol.Gallagher@nrc.gov. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. • Fax comments to: RADB at (301) 492–3446. SUPPLEMENTARY INFORMATION: DATES: PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 71379 Submitting Comments and Accessing Information Comments submitted in writing or in electronic form will be posted on the NRC Web site and on the Federal rulemaking Web site, https:// www.regulations.gov. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed. You can access publicly available documents related to this document using the following methods: • NRC’s Public Document Room (PDR): The public may examine and have copied, for a fee, publicly available documents at the NRC’s PDR, O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available online in the NRC Library at https://www.nrc.gov/reading-rm/ adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of the NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC’s PDR reference staff at 1–(800) 397–4209, (301) 415–4737, or by email to pdr.resource@nrc.gov. The application for amendment, dated October 21, 2010, contains proprietary information and, accordingly, those portions are being withheld from public disclosure. A redacted version of the application for amendment, dated December 14, 2011, is available electronically under ADAMS Accession No. ML103560167. • Federal Rulemaking Web site: Public comments and supporting materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID NRC–2011– 0259. FOR FURTHER INFORMATION CONTACT: Jason Paige, Project Manager, Plant Licensing Branch 2–2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 76, Number 222 (Thursday, November 17, 2011)]
[Notices]
[Pages 71378-71379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29719]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary


Labor Advisory Committee for Trade Negotiations and Trade Policy

ACTION: Meeting notice.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the provisions of the Federal Advisory Committee 
Act (Pub. L. 92-463, as amended), notice is hereby given of a meeting 
of the Labor Advisory Committee for Trade Negotiation and Trade Policy.
    Date, Time, Place: November 30, 2011; 2-4:30 p.m.; U.S. Department 
of Labor, Secretary's Conference Room, 200 Constitution Ave. NW., 
Washington, DC.
    Purpose: The meeting will include a review and discussion of 
current issues which influence U.S. trade policy. Potential U.S. 
negotiating objectives and bargaining positions in current and 
anticipated trade negotiations will be discussed. Pursuant to 19 U.S.C. 
2155(f) it has been determined that the meeting will be concerned with 
matters the disclosure of which would seriously compromise the 
Government's negotiating objectives or bargaining positions. 
Accordingly, the meeting will be closed to the public.

FOR FURTHER INFORMATION CONTACT: Gregory Schoepfle, Director, Office of 
Trade and Labor Affairs; Phone: (202) 693-4887.


[[Page 71379]]


    Signed at Washington, DC the 10th day of November 2011.
Sandra Polaski,
Deputy Undersecretary, International Affairs.
[FR Doc. 2011-29719 Filed 11-16-11; 8:45 am]
BILLING CODE 4510-28-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.