Filing of Plats of Survey; NV, 29022 [2015-12217]
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Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices
Final Supplementary Rules for Public
Land within the West Eugene Wetlands,
Eugene District, Oregon, published in
the Federal Register on July 28, 2005,
and adoption of the application of these
rules throughout the planning area on
BLM-managed lands. Any party
adversely affected may appeal within 30
days of publication of this Notice of
Availability. The appeal should state the
specific decision(s) being appealed. The
appeal must be filed with the Eugene
District Manager at the above-listed
address.
Please consult the appropriate
regulations (43 CFR, part 4, subpart E)
for further appeal requirements.
Authority: 40 CFR 1506.6, 40 CFR
1506.10, 43 CFR 1610.2.
Kathryn Stangl,
Eugene District Manager.
[FR Doc. 2015–12187 Filed 5–19–15; 8:45 am]
BILLING CODE 4310–33–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNV952000
L14400000.BJ0000.LXSSF2210000.241A;
13–08807; MO #4500079470; TAS: 15X1109]
This plat, in 3 sheets, representing the
dependent resurvey of a portion of the
south and west boundaries, a survey of
a portion of the subdivisional lines and
metes-and-bounds surveys of certain
boundary lines in sections 28, 29, 30
and 31, Township 13 North, Range 27
East, Mount Diablo Meridian, under
Group No. 941, was accepted May 14,
2015. This survey was executed at the
request of the Bureau of Land
Management, Carson City District
Office, Nevada, to facilitate the
conveyance of certain public lands to
the Municipality of Yerington, Nevada,
as authorized in the National Defense
Authorization Act of Fiscal Year 2015
(Pub. L. 113–291).
The survey listed above is now the
basic record for describing the lands for
all authorized purposes. These records
have been placed in the open files in the
BLM Nevada State Office and are
available to the public as a matter of
information. Copies of the survey and
related field notes may be furnished to
the public upon payment of the
appropriate fees.
Dated: May 14, 2015.
Michael O. Harmening,
Chief Cadastral Surveyor, Nevada.
[FR Doc. 2015–12217 Filed 5–19–15; 8:45 am]
Filing of Plats of Survey; NV
AGENCY:
BILLING CODE 4310–HC–P
Bureau of Land Management,
Interior.
Notice.
DEPARTMENT OF JUSTICE
ACTION:
The purpose of this notice is
to inform the public and interested State
and local government officials of the
filing of Plats of Survey in Nevada.
DATES: Effective Dates: Unless otherwise
stated filing is effective at 10:00 a.m. on
the dates indicated below.
FOR FURTHER INFORMATION CONTACT:
Michael O. Harmening, Chief, Branch of
Geographic Sciences, Bureau of Land
Management, Nevada State Office, 1340
Financial Blvd., Reno, NV 89502–7147,
phone: 775–861–6490. Persons who use
a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at
1–800–877–8339 to contact the above
individual during normal business
hours. The FIRS is available 24 hours a
day, 7 days a week, to leave a message
or question with the above individual.
You will receive a reply during normal
business hours.
SUPPLEMENTARY INFORMATION:
1. The Plat of Survey of the following
described lands will be officially filed at
the Bureau of Land Management (BLM)
Nevada State Office, Reno, Nevada on
the first business day after thirty (30)
days from the publication of this notice:
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
23:50 May 19, 2015
Jkt 235001
filled controlled substance prescriptions
to a patient’s prescribing physician
rather than directly to the patient,
violates federal law. See generally R.D.;
see also Mot. for Summ. Disp., at 5–6.
The Government takes exception to the
ALJ’s failure to address the issue,1
arguing that the ALJ ‘‘should have also
reached the merits of this case and
granted summary disposition to the
Government on the additional basis that
Respondent intends to dispense
controlled substances to non-ultimate
users in violation of the [CSA] and its
implementing regulations.’’ Gov.
Exceptions, at 1.
As support for its contention, the
Government argues that I should reach
the issue because it ‘‘was fully briefed
by the parties,’’ ‘‘there is no dispute as
to any material fact,’’ and ‘‘the issue is
likely to recur with the Respondent’’
because its ‘‘owner has stated his intent
to reapply for a state license and pursue
opening the pharmacy.’’ Id. at 2. Finally,
the Government argues that ‘‘requiring
the parties to revisit this issue as part of
a future case would be a waste of
resources, given that this issue has been
briefed and is now ripe for disposition.’’
Id.
While Respondent agrees with the
Government,2 I reject the parties’
Drug Enforcement Administration
[Docket No. 14–25]
The Main Pharmacy; Decision and
Order
On October 7, 2014, Administrative
Law Judge (ALJ) Christopher B. McNeil
issued the attached Recommended
Decision (hereinafter, R.D.). Therein, the
ALJ found it undisputed that
Respondent no longer holds a Texas
Pharmacy License and is thus not
authorized to dispense controlled
substances in the State in which it seeks
registration under the Controlled
Substances Act (CSA). R.D. at 6. The
ALJ thus concluded that Respondent is
not a ‘‘practitioner’’ within the meaning
of the CSA and is therefore not entitled
to be registered. R.D. at 7 (citing 21
U.S.C. 802(21) & 823(f)). Accordingly,
the ALJ granted the Government’s
Motion for Summary Disposition and
recommended that I deny its
application.
The ALJ did not, however, address the
Government’s further contention that it
was also entitled to summary
disposition because Respondent’s
proposed business model of shipping
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
1 Following the issuance of the Recommended
Decision, Respondent’s counsel filed a pleading
entitled: ‘‘Notice of Appeal.’’ Therein, Respondent
requests that the record be prepared and forwarded
‘‘to the appropriate Appeals Court.’’ Notice of
Appeal, at 1. Respondent did not, however, file
exceptions to the ALJ’s decision as provided for in
the Agency’s regulations. See 21 CFR 1316.66. As
for its ‘‘Notice of Appeal,’’ the ALJ’s Recommended
Decision is not a final decision of the Agency and
thus, the filing of the record in ‘‘the appropriate’’
court, whatever that maybe, is premature. In the
event Respondent files a Petition for Review of this
Decision and Order, which is the final decision of
the Agency, the Agency will comply with Rule 17
of the Federal Rules of Appellate Procedure.
2 Respondent asserts that the issue of its proposed
business model is ripe for review because ‘‘[e]very
time [it] applies for a State license all [the
Government] has to do is to sit on the application
for a period of six months or more and Respondent
will have to close [the] Pharmacy. [The
Government] can then assert that Respondent has
no State license and should be barred from going
forward and hence evade review.’’ Resp. Answer to
Movant’s Mot. for Summ. Disp., at 3.
Respondent’s position apparently stems from the
Texas Pharmacy Act and a regulation of the Texas
Board of Pharmacy which authorize disciplinary
action against the holder of a pharmacy license if
the Board finds that the holder has ‘‘failed to engage
in or ceased to engage in the business described in
the application for a license.’’ Tex. Occ. Code
§ 565.002(7); see also 22 Tex. Admin. Code
§ 291.11(a)(1) (‘‘ ‘Failure to engage in the business
described in the application for a license’ means the
holder of a pharmacy license has not commenced
operating the pharmacy within six months of the
date of issuance of the license.’’).
However, Respondent does not explain why it
could not have opened for business and dispensed
non-controlled drugs while it challenged the denial
of its application.
E:\FR\FM\20MYN1.SGM
20MYN1
Agencies
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Page 29022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12217]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNV952000 L14400000.BJ0000.LXSSF2210000.241A; 13-08807; MO
#4500079470; TAS: 15X1109]
Filing of Plats of Survey; NV
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The purpose of this notice is to inform the public and
interested State and local government officials of the filing of Plats
of Survey in Nevada.
DATES: Effective Dates: Unless otherwise stated filing is effective at
10:00 a.m. on the dates indicated below.
FOR FURTHER INFORMATION CONTACT: Michael O. Harmening, Chief, Branch of
Geographic Sciences, Bureau of Land Management, Nevada State Office,
1340 Financial Blvd., Reno, NV 89502-7147, phone: 775-861-6490. Persons
who use a telecommunications device for the deaf (TDD) may call the
Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact
the above individual during normal business hours. The FIRS is
available 24 hours a day, 7 days a week, to leave a message or question
with the above individual. You will receive a reply during normal
business hours.
SUPPLEMENTARY INFORMATION:
1. The Plat of Survey of the following described lands will be
officially filed at the Bureau of Land Management (BLM) Nevada State
Office, Reno, Nevada on the first business day after thirty (30) days
from the publication of this notice: This plat, in 3 sheets,
representing the dependent resurvey of a portion of the south and west
boundaries, a survey of a portion of the subdivisional lines and metes-
and-bounds surveys of certain boundary lines in sections 28, 29, 30 and
31, Township 13 North, Range 27 East, Mount Diablo Meridian, under
Group No. 941, was accepted May 14, 2015. This survey was executed at
the request of the Bureau of Land Management, Carson City District
Office, Nevada, to facilitate the conveyance of certain public lands to
the Municipality of Yerington, Nevada, as authorized in the National
Defense Authorization Act of Fiscal Year 2015 (Pub. L. 113-291).
The survey listed above is now the basic record for describing the
lands for all authorized purposes. These records have been placed in
the open files in the BLM Nevada State Office and are available to the
public as a matter of information. Copies of the survey and related
field notes may be furnished to the public upon payment of the
appropriate fees.
Dated: May 14, 2015.
Michael O. Harmening,
Chief Cadastral Surveyor, Nevada.
[FR Doc. 2015-12217 Filed 5-19-15; 8:45 am]
BILLING CODE 4310-HC-P