Proposal Review Panel for Materials Research; Notice of Meeting, 29696-29697 [2012-12115]

Download as PDF 29696 Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Notices Anthony, M.D., 67 FR 35,582 (DEA 2002); Michael G. Dolin, M.D., 65 FR 5661 (DEA 2000); see also Philip E. Kirk, M.D., 48 FR 32,887 (DEA 1983), aff’d sub nom. Kirk v. Mullen, 749 F.2d 297 (6th Cir. 1984). Accord Puerto Rico Aqueduct & Sewer Auth. v. EPA, 35 F.3d 600, 605 (1st Cir. 1994). In the instant case, the Government asserts, and Respondent concedes, that Respondent’s Illinois license to practice medicine and handle controlled substances is suspended. This allegation is confirmed by Government Exhibit A. I therefore find there is no genuine dispute as to any material fact, and that substantial evidence shows that Respondent is presently without state authority to handle controlled substances in Illinois. I decline to delay ruling on the Government’s motion, particularly in light of the fact that Respondent does not appear to have a scheduled hearing date before the IDFPR. Compare Bergman, 70 FR at 33,193 (noting that the ALJ delayed ruling on the Government’s motion where the respondent had an evidentiary hearing scheduled before the state board). Because ‘‘DEA does not have statutory authority under the Controlled Substances Act to maintain a registration if the registrant is without state authority to handle controlled substances in the state in which he practices,’’ Sheran Arden Yeates, M.D., 71 FR 39,130, 39,131 (DEA 2006), I conclude that summary disposition is appropriate. It is therefore Ordered that the hearing in this case, scheduled to commence on March 6, 2012, is hereby cancelled; and it is further Ordered that all proceedings before the undersigned are stayed pending the Agency’s issuance of a final order. Recommended Decision mstockstill on DSK4VPTVN1PROD with NOTICES I grant the Government’s Motion for Summary Disposition and recommend that Respondent’s DEA COR AN1255733 be revoked and any pending applications for renewal or modification be denied.2 Dated: December 23, 2011. Timothy D. Wing, Administrative Law Judge. [FR Doc. 2012–12121 Filed 5–17–12; 8:45 am] BILLING CODE 4410–09–P 2 Notably, Respondent requests that I recommend the immediate suspension of his registration, rather than revocation, citing 21 U.S.C. 824(a)(4). (Resp’t Mot. in Opp’n at 3.) VerDate Mar<15>2010 18:21 May 17, 2012 Jkt 226001 DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. 12–30] James Edgar Lundeen, Sr., M.D.; Dismissal of Proceeding On December 19, 2011, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, issued an Order to Show Cause to James Edgar Lundeen, Sr., M.D. (Respondent), of Uniontown, Ohio. The Order proposed the revocation of Respondent’s DEA Certificate of Registration as a practitioner, and the denial of any pending application to renew or modify the registration, on the ground that Respondent does not have authority under Ohio law to practice medicine or dispense controlled substances. Show Cause Order at 1. Following service of the Show Cause Order, Respondent requested a hearing. Thereafter, the Government moved for summary disposition; Respondent opposed the motion. On February 22, 2012, the ALJ granted the Government’s motion, finding that there was no dispute as to the material fact that Respondent does not possess authority under Ohio law to dispense controlled substances and that he was therefore not entitled to hold his DEA registration. ALJ Dec. at 4–7. The ALJ thus recommended that Respondent’s registration be revoked and that any pending application to renew or modify his registration be denied. Id. at 8. Neither party filed exceptions to the ALJ’s decision and on March 20, 2012, the ALJ forwarded the record to me for Final Agency Action. Upon review of the record, it was noted that the Government had alleged in the Show Cause Order that Respondent’s registration was due to expire on March 31, 2012. Show Cause Order at 1. The record, however, contained no evidence as to whether Respondent had filed a renewal application.1 Because in the absence of a timely renewal application, Respondent’s registration would expire, see 5 U.S.C. 558(c), pursuant to 5 U.S.C. 556(e) and 21 CFR 1316.59, I have taken official notice of Respondent’s registration record with the Agency.2 1 Nor does the record contain a copy of Respondent’s Registration or any other evidence establishing the Agency’s jurisdiction. Henceforth, the ALJs should ensure that such evidence is submitted for the record prior to acting upon any dispositive motion. 2 In accordance with the Administrative Procedure Act (APA), an agency ‘‘may take official notice of facts at any stage in a proceeding-even in PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 According to this record, Respondent has not filed a renewal application. Accordingly, I find that Respondent’s registration has expired. Under DEA precedent, ‘‘if a registrant has not submitted a timely renewal application prior to the expiration date, then the registration expires and there is nothing to revoke.’’ Ronald J. Riegel, 63 FR 67132, 67133 (1998); see also Thomas E. Mitchell, 76 FR 20032, 20033 (2011). Moreover, in the absence of an application (whether timely filed or not), there is nothing to act upon. Accordingly, because Respondent has allowed his registration to expire and has not filed any application, this case is now moot and will be dismissed.3 Order Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well as 28 CFR 0.100(b), I hereby order that the Order to Show Cause issued to James Edgar Lundeen, Sr., M.D., be, and it hereby is, dismissed. This order is effective immediately. Dated: May 4, 2012. Michele M. Leonhart, Administrator. [FR Doc. 2012–12118 Filed 5–17–12; 8:45 am] BILLING CODE 4410–09–P NATIONAL SCIENCE FOUNDATION Proposal Review Panel for Materials Research; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92– 463 as amended), the National Science Foundation announces the following meeting: Name: Site visit review of the Materials Research Science and Engineering Center (MRSEC) at the University of Chicago by the Division of Materials Research (DMR) #1203. Dates & Times: June 6, 2012; 6:00 p.m.– 8:30 p.m. June 7, 2012; 7:15 a.m.–8:30 p.m. June 8, 2012; 7:15 a.m.–3:00 p.m. Place: University of Chicago, Chicago, IL. Type of Meeting: Part open. the final decision.’’ U.S. Dept. of Justice, Attorney General’s Manual on the Administrative Procedure Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 1979). In accordance with the APA and DEA’s regulations, Respondent is ‘‘entitled on timely request to an opportunity to show to the contrary.’’ 5 U.S.C. 556(e); see also 21 CFR 1316.59(e). To allow Respondent the opportunity to refute the facts of which I take official notice, Respondent may file a motion for reconsideration within fifteen calendar days of service of this order which shall commence on the date this order is mailed. 3 While the Show Cause Order will be dismissed, under 21 U.S.C. 823(f), Respondent is not entitled to be registered until he is again ‘‘authorized to dispense * * * controlled substances under the laws of the State in which he practices.’’ E:\FR\FM\18MYN1.SGM 18MYN1 Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Notices Contact Person: Dr. Mary E. Galvin, Program Director, Materials Research Science and Engineering Centers Program, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292– 8562. Purpose of Meeting: To provide advice and recommendations concerning further support of the MRSEC at the University of Chicago. Agenda Wednesday, June 6, 2012 6:00 p.m.–7:00 p.m. Closed—Briefing of panel 7:00 p.m.–8:30 p.m. Open—Poster Session Thursday, June 7, 2012 7:15 a.m.–4:30 p.m. Open—Review of the MRSEC 5:00 p.m.–6:45 p.m. Closed—Executive Session 6:45 p.m.–8:30 p.m. Open—Dinner Friday, June 8, 2012 7:15 a.m.–9:50 a.m. Closed—Executive Session 9:50 a.m.–3:00 p.m. Closed—Executive Session, Draft and Review Report Reason for Closing: The work being reviewed may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the MRSEC. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act. Dated: May 15, 2012. Susanne Bolton, Committee Management Officer. [FR Doc. 2012–12115 Filed 5–17–12; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0066] Agency Information Collection Activities: Proposed Collection; Comment Request Nuclear Regulatory Commission. ACTION: Notice of pending U.S. Nuclear Regulatory Commission action to submit an information collection request to the Office of Management and Budget and solicitation of public comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request the Office of Management and Budget’s (OMB’s) approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:21 May 17, 2012 Jkt 226001 Information pertaining to the requirement to be submitted: 1. The title of the information collection: Title 10 of the Code of Federal Regulations (10 CFR) Part 51— Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions. 2. Current OMB approval number: 3150–0021. 3. How often the collection is required: Upon submittal of an application for a construction permit, operating license, operating license renewal, early site review, design certification review, decommissioning or termination review, or manufacturing license, or upon submittal of a petition for rulemaking. 4. Who is required or asked to report: Licensees and applicants requesting approvals for actions proposed in accordance with the provisions of 10 CFR Parts 30, 32, 33, 34, 35, 36, 39, 40, 50, 52, 54, 60, 61, 70, and 72. 5. The number of annual respondents: 97.31. 6. The number of hours needed annually to complete the requirement or request: 178,140. 7. Abstract: The NRC’s regulations at 10 CFR Part 51 specifies information to be provided by applicants and licensees so that the NRC can make determinations necessary to adhere to the policies, regulations, and public laws of the United States, which are to be interpreted and administered in accordance with the policies set forth in the National Environmental Policy Act of 1969, as amended. Submit, by (insert date 60 days after publication in the Federal Register), comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? The public may examine and have copied, for a fee, publicly available documents, including the draft supporting statement, at the NRC’s Public Document Room, Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The OMB clearance requests are available at the NRC’s public Web site: https:// www.nrc.gov/public-involve/doccomment/omb/. The PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 29697 document will be available on the NRC’s public Web site for 60 days after the signature date of this document. Comments submitted in writing or in electronic form will be made available for public inspection. 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. Comments submitted should reference Docket No. NRC–2012–0066. You may submit your comments by any of the following methods. Electronic comments: Go to https:// www.regulations.gov and search for Docket No. NRC–2012–0066. Mail comments to the NRC Clearance Officer, Tremaine Donnell (T–5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T–5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, by telephone at 301– 415–6258, or by email to INFOCOLLECTS.Resource@NRC.GOV. Dated at Rockville, Maryland, this 11th day of May 2012. For the Nuclear Regulatory Commission. Tremaine Donnell, NRC Clearance Officer, Office of Information Services. [FR Doc. 2012–12042 Filed 5–17–12; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 40–3392; NRC–2012–0111] Honeywell Metropolis Works; Grant of Exemption for Honeywell Metropolis Works License Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact. AGENCY: FOR FURTHER INFORMATION CONTACT: Mary T. Adams, Senior Environmental Engineer, Conversion, Deconversion and Enrichment Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone: 301–492–3113; email: Mary.Adams@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission’s (NRC’s) staff received a E:\FR\FM\18MYN1.SGM 18MYN1

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[Federal Register Volume 77, Number 97 (Friday, May 18, 2012)]
[Notices]
[Pages 29696-29697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12115]


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NATIONAL SCIENCE FOUNDATION


Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463 as amended), the National Science Foundation announces the 
following meeting:

    Name: Site visit review of the Materials Research Science and 
Engineering Center (MRSEC) at the University of Chicago by the 
Division of Materials Research (DMR) 1203.
    Dates & Times: June 6, 2012; 6:00 p.m.-8:30 p.m.
    June 7, 2012; 7:15 a.m.-8:30 p.m.
    June 8, 2012; 7:15 a.m.-3:00 p.m.
    Place: University of Chicago, Chicago, IL.
    Type of Meeting: Part open.

[[Page 29697]]

    Contact Person: Dr. Mary E. Galvin, Program Director, Materials 
Research Science and Engineering Centers Program, Division of 
Materials Research, Room 1065, National Science Foundation, 4201 
Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-8562.
    Purpose of Meeting: To provide advice and recommendations 
concerning further support of the MRSEC at the University of 
Chicago.

Agenda

Wednesday, June 6, 2012

6:00 p.m.-7:00 p.m. Closed--Briefing of panel
7:00 p.m.-8:30 p.m. Open--Poster Session

Thursday, June 7, 2012

7:15 a.m.-4:30 p.m. Open--Review of the MRSEC
5:00 p.m.-6:45 p.m. Closed--Executive Session
6:45 p.m.-8:30 p.m. Open--Dinner

Friday, June 8, 2012

7:15 a.m.-9:50 a.m. Closed--Executive Session
9:50 a.m.-3:00 p.m. Closed--Executive Session, Draft and Review 
Report

    Reason for Closing: The work being reviewed may include 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries and personal 
information concerning individuals associated with the MRSEC. These 
matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the 
Government in the Sunshine Act.

    Dated: May 15, 2012.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 2012-12115 Filed 5-17-12; 8:45 am]
BILLING CODE 7555-01-P
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